NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Ryder v Randwick City Council [2024] NSWLEC 1590 Hearing dates: 30-31 May 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 418/2023 for the alterations and additions to the existing dwelling including a first-floor addition, new basement garage and works on public land at 241 Darley Road Randwick is determined by refusal of consent. (3) The exhibits are returned except for A, B and 2. Catchwords: DEVELOPMENT APPLICATION – garage – road reserve - retaining wall - streetscape impacts – public domain - heritage conservation area – character Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, ss 37, 38 Randwick Local Environmental Plan 2012, cll 5.10 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Texts Cited: Randwick Development Control Plan 2023 GML Heritage Study 2003 GML Heritage Study 2009 Category: Principal judgment Parties: Katie Louise Ryder (First Applicant) Michael John Boman (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: R White (Applicants) A Pearman (Respondent)
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